CHAPTER 444

FORMERLY

HOUSE BILL NO. 508

AN ACT TO AMEND TITLE 28 OF THE DELAWARE CODE RELATING TO BINGO LICENSING AND FEES.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend Section 1139(c), Title 28 of the Delaware Code, by deleting the period (".") at the end of subsection (c) and by substituting in lieu thereof the following:

", provided that no bingo licensee licensed prior to the enactment of this Act shall conduct more than 10 bingo events in any calendar month and no bingo licensee licensed after the enactment of this Act shall conduct more than 1 bingo event per week. For purposes of this subsection, a bingo licensee licensed prior to the enactment of this Act whose license lapses for 6 months or more due to nonrenewal or suspension or any other reason shall, upon licensing thereafter, be considered a licensee licensed after the enactment of this Act."

Section 2. Amend §1139(h)(I), Title 28 of the Delaware Code, by striking paragraph (1) in its entirety and by substituting in lieu thereof the following:

"(1) A licensed operator may charge an admission fee to a game event in any room or area in which a game is to be conducted. The admission fee shall entitle the game player (a) to a card enabling the player to participate without additional charge in all regular games to be played under license at the event or (b) to free refreshments. The licensed operator may charge an additional fee to a game player for a single opportunity to participate in a special game to be played under license at the event."

Section 3. Amend §1139(h), Title 28 of the Delaware Code, by adding a new paragraph to read as follows:

"(5) Unless a bingo licensee has been licensed prior to the enactment of this Act, only one licensed organization may hold bingo games in a licensed organization's building during any given week."

Section 4. Amend § 1139(h), Title 28 of the Delaware Code, by redesignating Paragraph (3) thereof as Paragraph (4) and by inserting a new Paragraph (3) to read as follows:

"(3) Notwithstanding the provisions of 28 Del. C. §1139 (h) (2), a licensed operator of a bingo event may offer inducements, including but not limited to cookie jar bingo games that do not exceed $500 per game per night, free refreshments and free transportation of players to and from bingo events, to attract bingo players to the bingo event, provided that the total fair market value of inducements is limited to 15% of the total amount of all other prizes offered or given during the bingo event. Any amounts in any cookie-jar bingo games shall not be included in these limitations or in any prize money limitations."

Section 5. Amend §1132(b), Title 28 of the Delaware Code, by adding thereto a new paragraph to read as follows:

"(7) Notwithstanding the provisions of 28 Del. Cs §1132 (b) (6), a licensed operator of a bingo event may offer inducements, including but not limited to cookie-jar bingo games that do not exceed $500 per game per night, free refreshments and free transportation of players to and from bingo events, to attract bingo players to the bingo event, provided that the total fair market value of inducements is limited to 15% of the total amount of all other prizes offered or given during the bingo event. Any amounts in any cookie jar bingo games shall not be included in these limitations or in any prize money limitations."

Section 6. Severability clause. If any provision of this Act or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the Act which can be given effect without the invalid provision or application, and to that end the provisions of this Act are declared to be severable.

Approved July 14, 1998